Miller v. Snug Harbor Packing Co.

FOLTA, District Judge.

This is another contest in the perennial race for fish trap sites on Cook Inlet. Whether priority of right is held to turn on the occurrence of some event, the doing of a certain act, or the expiration of time, the only effect on the race, fraught with dangers of violence and bloodshed, will be to fix a new starting point.

In the instant case the plaintiff, having commenced the construction of his trap first, seeks a preliminary injunction against the defendant’s continuation of the construction of its structure, subsequently initiated, and relies on such cases as…